Hoping to overturn the illegal, discriminatory town ordinance, Lilley and MacKinnon teamed up with Free State Project early mover and attorney Dan Hynes.
Hynes’ line of questioning was interesting, specifically asking the state’s witnesses, which included three snitches and a few cops, how they determine someone is a woman. The all answered something about breasts, which is inconclusive. Without inspecting genitalia, which the police did not do, there would be reasonable doubt that the person is female.
Hynes argued, in a ten-page motion to dismiss (complimented by jovial Judge James M. Carroll) the ordinance is unconstitutional and violates equal protection and the right to free expression. Further, he argues the ordinance is also illegal because New Hampshire is not a “home rule” state and unless the state legislature authorizes towns to pass laws of their own, they cannot legally do so.
The last time we heard about how many taxpayer dollars the city of Keene has spent on their frivolous lawsuit to try to crush the rights of Keene’s Robin Hooders, it was December of 2013, the year they filed the suits against us.
Keene’s Robin Hooders were feeding expired parking meters in relative obscurity until the city filed its suit in May of 2013. That suit blew up into a huge storm of publicity, making Keene’s government the laughingstock of the world.
Attorney Charles Bauer is getting very rich from taxpayer dollars.
Determined not to show any good sense, the city gang continued to lavish tens of thousands of taxpayer dollars on failure after failure in this case. They hired the go-to law firm for all NH municipalities, “Gallagher, Callahan, and Gartrell” (the same firm that lost the Gericke case, which upheld the right to record police). Hey, it’s not like it’s the city’s money – they stole it from Keene’s productive class – the people.
Now the case is going back to the NH supreme court on appeal, but mayor Lane claims the law firm is going to cut them a break on this appeal and do it pro-bono. How generous of Bauer’s firm! (Robin Hood attorney Jon Meyer has been pro-bono from day one.)
At one point, Pierce was illegally locked out of the courtroom, as Cheshire superior court has a strange policy that locks the doors during opening and closing statements. Defense attorney Paul Garrity objected to both closings on constitutional grounds, as it should be a public trial. Judge John C Kissinger, who in many cases comes across as a relatively fair judge, refused to budge on his policy and kept the doors locked.
In other media news, the Keene Sentinel published a small report. The full seven-hour trial video is encoding as I write this and should be up hopefully sometime tomorrow. Stay tuned here to Free Keene for the latest.
If you love liberty and want to work towards making more of it happen, why not do it in the best place for it? New Hampshire is already more free than other places and there are thousands of libertarians and voluntarists, many of whom love jury nullification, that are moving there as part of the Free State Project. Why not join us and help more liberty happen, sooner?
